Commission Regulation (EC) No 471/2002 of 15 March 2002 concerning the classification of certain goods in the Combined Nomenclature
Date: 2002-03-15
Institutions: European Commission
Subjects: Combined Nomenclature, clothing, plastics, textile product

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COMMISSION REGULATION (EC) No 471/2002

of 15 March 2002

concerning the classification of certain goods in the Combined Nomenclature

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 2658/87 of 23
July 1987 on the tariff and statistical nomenclature and on the
Common Customs Tariff (1), as last amended by Regulation
(EC) No 2433/2001 (2), and in particular Article 9 thereof,

Whereas:

(1)

(2)

(3)

(4)

In order to ensure uniform application of the Combined
Nomenclature annexed to Regulation (EEC) No 2658/87,
it is necessary to adopt measures concerning the classi-
fication of the goods referred to in the Annex to this
Regulation.

Regulation (EEC) No 2658/87 has laid down the general
rules for the interpretation of the Combined Nomencla-
ture. Those rules also apply to any other nomenclature
which is wholly or partly based on it or which adds any
additional subdivision to it and which is established by
specific Community provisions, with a view to the
application of tariff and other measures relating to trade
in goods.

Pursuant to those general rules, the goods described in
column 1 of the table annexed to this Regulation should
be classified under the CN codes indicated in column 2,
by virtue of the reasons set out in column 3.

For the goods listed under item Nos 1, 3, 4 and 5 of the
table in the Annex to this Regulation, it is appropriate
that, subject to the measures in force in the Community
relating to double-checking systems and to prior and
retrospective Community surveillance of textile products
on importation into the Community, binding tariff
information which is issued by the customs authorities
of Member States in respect of the classification of goods
in the Combined Nomenclature and which does not
conform to the provisions mentioned under item Nos 1,
3, 4 and 5 in the table of the Annex to this Regulation,
can continue to be invoked for a period of 60 days by
the holder under the provisions in Article 12(6) of
Council Regulation (EEC) No 2913/92 of 12 October
1992 establishing the Community Customs Code (3), as
last amended by European Parliament and Council Regu-
lation (EC) No 2700/2000 (4)l.

For the goods listed under item No 2 of the table in the
Annex to this Regulation, it is appropriate that binding
tariff information issued by the customs authorities of
Member States in respect of the classification of goods in
the Combined Nomenclature and which does not
conform to the provisions mentioned under item No 2
in the table of
the Annex to this Regulation, can
continue to be invoked for a period of three months by
the holder, under the provisions in Article 12(6) of
Regulation (EEC) No 2913/92.

(6)

The measures provided for in this Regulation are in
accordance with the opinion of
the Customs Code
Committee,

HAS ADOPTED THIS REGULATION:

Article 1

The goods described in column 1 of the Annex are classified
within the Combined Nomenclature under the CN codes indi-
cated in column 2 of the Annex.

Article 2

Subject to the measures in force in the Community relating to
double-checking systems and to prior and retrospective
Community surveillance of textile products on importation
into the Community, binding tariff information issued by the
customs authorities of Member States which does not conform
to the provisions mentioned under item Nos 1, 3, 4 and 5 in
the table of the Annex to this Regulation can continue to be
invoked for a period of 60 days, under the provisions of Article
12(6) of Regulation (EEC) No 2913/92.

Binding tariff information issued by the customs authorities of
Member States which does not conform to the provisions
mentioned under item No 2 in the table of the Annex to this
Regulation can continue to be invoked for a period of three
months, under the provisions of Article 12(6) of Regulation
(EEC) No 2913/92.

Article 3

(1) OJ L 256, 7.9.1987, p. 1.
(2) OJ L 329, 14.12.2001, p. 4.
(3) OJ L 302, 19.10.1992, p. 1.
(4) OJ L 311, 12.12.2000, p. 17.

This Regulation shall enter
into force on the 20th day
following its publication in the Official Journal of the European
Communities.

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This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 15 March 2002.

For the Commission

Frederik BOLKESTEIN

Member of the Commission

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ANNEX

Classification
(CN code)

(2)

6307 90 10

Description of the goods

(1)

1. Article made of cellular plastic, approximately
4 mm thick,
approximately
(measuring
20 × 24 cm), nearly rectangular, because of its
rounded corners, covered on one side with a
layer of approximately 0,2 mm of multi-
coloured printed knitted textile fabric

(Mouse-pads and similar articles)

(See photograph No 618) (*)

Reasons

(3)

Classification is determined by general rules 1 and
6 for the interpretation of the Combined Nomen-
clature, notes 7(a) and 8(a) to Section XI, notes 1
and 2(a)(5) to Chapter 59, notes 1 and 2(a) to
Chapter 63 and by the wording of CN codes
6307, 6307 90 and 6307 90 10

The article is ‘made-up’ within the meaning of
note 7(a) to Section XI because it is cut otherwise
than into squares or rectangles

is not present merely for

Classification in Chapter 39 is excluded according
to note 2(a)(5) to Chapter 59, because the knitted
fabric
reinforcing
purposes. See also the Harmonised System expla-
natory notes to Chapter 39, general considerations
(plastics and textile combinations), (d)

According to note 8(a) to Section XI made-up
articles belong to Chapters 61 to 63

3926 90 99

2. Article made of cellular plastic, approximately
4 mm thick,
approximately
(measuring
20 × 24 cm), nearly rectangular, because of its
rounded comers, covered on one side with a
layer of approximately 0,2 mm of
single
coloured knitted textile fabric

(Mouse-pads and similar articles)

(See photographs Nos 612 A + B) (*)

Classification is determined by general rules 1 and
6 for the intepretation of the Combined Nomen-
clature, note 1 to Chapter 39, note 1(h) to Section
XI, notes 1 and 2(a)(5) to Chapter 59 and by the
wording of CN codes 3926, 3926 90 and
3926 90 99

Classification in Section XI is excluded according
to note 2(a)(5) to Chapter 59, because the knitted
fabric is present merely for reinforcing purposes.
See also the Harmonised System explanatory notes
to Chapter 39, general considerations (plastics and
textile combinations), (d)

plastic

approximately

4 mm thick
3. Rectangular,
cellular
(measuring
approximately 20 × 21 cm), covered on one
side with a layer of approximately 0,2 mm of
multi-coloured printed knitted textile fabric

(polyurethane)

(Mouse-pads and similar articles)

(See photograph No 619) (*)

5903 20 90

Classification is determined by general rules 1 and
6 for the interpretation of the Combined Nomen-
clature, note 7(a) to Section XI, notes 1 and 2(a)(5)
to Chapter 59 and by the wording of CN codes
5903, 5903 20 and 5903 20 90

The goods are not ‘made-up’ within the meaning
of Note 7(a) to Section XI because they are cut in
rectangular form

Classification in Chapter 39 is excluded according
to note 2(a)(5) to Chapter 59, because the knitted
fabric is multi-coloured printed and therefore is
not present merely for reinforcing purposes. See
also the Harmonised System explanatory notes to
Chapter 39, general considerations (plastics and
textile combinations), (d)

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Description of the goods

(1)

4. Self-coloured lightweight knitted article for
women or girls (86 % nylon, 14 % elastane), to
be worn next to the skin, reaching down to just
below the bust, with narrow adjustable
shoulder straps. It has a low-cut neckline at the
front and the back, without opening. There are
bands of knitted fabric sewn onto the neckline
and the armpits

There are knitted side-panels of varying elas-
ticity on the article, as well as an elasticated
reinforcement at the front

There is stitching just below the bust, rein-
forced on the inside,
following the natural
shape of the bust

There is an elasticated band of a width of about
2 cm on the lower edge of the article, to make
sure that the article clings to the body

(Brassiere)

(See photograph No 615) (*)

5. Rectangular shaped made-up article (measuring
approximately 110 × 160 cm) of woven textile
fabric (100 % cotton), attached on the two
short sides of the woven fabric to each edge of
a wooden pole (length: approximately 110 cm)
by means of braided cords. Due to the different
lengths of the cords the woven textile fabric
obtains
the
wooden pole there is a fixing device consisting
of two braided cords and a metal ring, which
allows the article to be fixed e.g. to a hook. The
article does not have a defined seating area

an asymmetric

shape. Above

(Article similar to a hammock)

(See photograph No 617) (*)

(*) The photographs are purely for information.

Classification
(CN code)

(2)

6212 10 90

6306 91 00

Reasons

(3)

Classificaton is determined by general rules 1 and
6 for the interpretation of the Combined Nomen-
clature, note 2(a) to Chapter 61 and the wording
of CN codes 6212, 6212 10 and 6212 10 90

The elasticated reinforcement at the front, which
gathers the fabric and contributes to the convex
form of the cups, leads to the separation of the
breasts which is characteristic of a brassiere

The stitching follows the shape of the bust and
gathers the fabric into the form of the cups

The reinforcement of the stitching on the inside of
the article serves as a stiffener and, together with
the elasticated side panels, provides the support
in accordance with the
required for brassieres,
Harmonised System explanatory notes to heading
6212, first paragraph

Classification is determined by general rules 1 and
6 for the interpretation of the Combined Nome-
clature, notes 7(e) and 8(a) to Section XI, note 1 to
Chapter 63 and by the wording of CN codes 6306
and 6306 91 00

Ohr made-up woven textile articles belong to
Chapter 63 according to note 8(a) to Section XI
and note 1 to Chapter 63

According to general rules 1 and 6, the article is
classified under
camping goods, because —
considering its objective characteristics — the
article is made of a rectangular made-up woven
textile fabric which is suspended on both sides by
means of braided cords and because the article
assumes the body shape of the person who sits or
lies in it, since the product does not have a defined
seating area. The article can be used indoors and
outdoors

Therefore, the article has to be classified — like a
hammock — under camping goods in heading
6306. See the Harmonised System explanatory
notes to heading 6306 (5), according to which
camping goods include, among others, hammocks.
Moreover,
the Harmonised System explanatory
notes to heading 9403 (other furniture etc.), (e),
exclude hammocks from heading 9403 and assign
them — depending on the material of the good —
to headings 6306 or 5608 (made-up nets)

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